City of New York v. 130/40 Essex Street Development Corp.

Order, Appellate Term of the Supreme Court, First Judicial Department, entered on or about May 9, 2001, which reversed an order of the Civil Court, New York County (Milton Tingling, J.), entered on or about May 17, 2000, and granted tenant respondent’s motion to vacate a stipulated judgment of possession (inaccurately characterized as a default judgment) and a warrant of eviction, unanimously reversed, on the law, without costs, the motion denied, and the judgment of possession and warrant of eviction reinstated.

In February 1998, petitioner (the City), as landlord, and respondent 130/40 Essex…